Vioxx
Commentary by Thomas Sullivan
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Here we also provide a chat room about Vioxx and related topics. Any topic of discussion about Vioxx or Osteoarthritis is fair game discussion within our chat room. Our chat room allows for an unlimited number of participants.
In an effort to provide an additional information resource about Vioxx, and to provide alternative treatments, here you will find our book store. Our book store provides books about Vioxx and books about pain relief alternatives for those individuals who are suffering from osteoarthritis.
Here you will also find a list of attorneys who specialize in Vioxx litigation. Attorney, clinician, and consumer should find this site useful, and compelling. Most of the current news about Vioxx has to do with lawsuits against Merck, the producer of this drug, and about cardiovascular events that have developed in individuals due to usage prior to the withdraw of Vioxx from the market place in 2004.
Vioxx is the brand name for Rofecoxib. Rofecoxib is one of the COX-2 inhibitors within the non-steroidal anti-inflammatory drug (NSAID) family. Other COX-2 inhibitors include Bextra and Celebrex. In 1999, the Food and Drug Administration (FDA) approved Vioxx for safe and effective use. The intended usage of Vioxx was for the treatment of osteoarthritis, acute pain and dysmenorrhoea. Vioxx was most frequently prescribed for the treatment of osteoarthritis.
In 2004, Merck withdrew the drug because of cardiovascular event concerns. More specifically, Vioxx was found to be associated with an increase risk of heart attack and stroke. Bextra was withdrawn from the market in 2005, while Celebrax remains available for use. Major drug companies will at times, place drugs in the pipeline which end up problematic and occasionally dangerous to the general public. The main concern here really is not the major drug companies but the FDA and it’s practices. The FDA today is showing more and more favoritism toward “Big Pharma”. It appears now that the FDA should have never allowed Vioxx to enter the market place.
Today drug companies are producing drugs for just about every minor or major medical problem that exist within the human body. Enormous amounts of money is funneled into advertising, and the drug company can make any drug look good on TV ads. Granted, most drugs are needed and provide a benefit to the general public, and that is why on this page you will find alternatives to Vioxx for pain relief from osteoarthritis. The problem is that there are many drugs out on the market place today because of the enormous profit margin and yet these drugs provide limited benefit overall to the general public. Many drugs today are being pushed out into the market place to quickly without proper scrutiny.
Vioxx is not a special case. Another case in point. Recently the drug companies have been advertising sleeping pills heavily on TV and they make them look like the perfect solution to sleep deprivation. Major problems have recently been associated with these sleeping pills. People taking these sleeping pills have been getting up at night and make meals, eat, walk around, and drive their car, all while being a sleep! Again, the question arises, do you really need to take these pills?
Do you really need to have exactly 7 hours of sleep every night? Personally, I have plenty of energy on 5 to 6 hours of sleep with a 20 min nap and have not taken a sleeping pill in years. Of course everybody has their own sleep requirement. But is it really such a big deal if you lose sleep sometimes. The point I am making here is that the general public is better off if they become less dependent on drugs, and not more dependent. It is clear that today within the United States there has developed a greater dependence on drugs.
Again, should the FDA have allowed the use of these sleeping pills without proper scrutiny? It appears as if once again the FDA allowed the general public in the United States to be one giant clinical study. The more data points, the more accurate the results. It now appears as if the FDA to a certain degree is being controlled by major drug companies. The Vioxx case was a “wake-up call” and indicates that the FDA is not the completely independent unbiased agency that it used to be.
In any case, the consumer must be very careful about the drugs they consume. First, you must ask the question, do you really need this drug? Second, read the warnings and side effects carefully and discuss thoroughly with your doctor the risks associated with the drug. Remember, even though the FDA approves a drug, all drugs have some risk associated with them.
As a final note, Merck & Company, announced more than 44,000 people have signed up for a piece of a $4.85 billion settlement over the withdrawn painkiller Vioxx. So it appears as if the Vioxx story is coming to an end and at least some justice will be served.
Vioxx - Conclusion
We have provided the current status of Vioxx. Below you will find some news, additional articles, and videos, about Vioxx litigation. Here on this page you will also find some links to alternatives to Vioxx for anyone trying to reduce the pain associated with arthritis. For most people, viable alternatives is much more important then pursuing Vioxx litigation. But for many, litigation is important and therefore below you will also find a list of attorneys who specialize in Vioxx type litigation. So if you, a loved one, or friend has had a cardiovascular event and you believe it is associated with Vioxx, then litigation is something you should consider. You should find out from an attorney if you are eligible for enrollment in the Vioxx settlement deal.
Vioxx - Videos
The following is a list of lawyers who specialize in Vioxx litigation.
This list is provided by the National Association of Personal Injury Lawyers
Vioxx - Personal Injury Lawyers by State
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LexisNexis® Mealey's™ Arthritis Drugs Legal News
Copyright 2009
Headline Arthritis Drugs Legal News from LexisNexis®
Bextra-Celebrex Master Approves MDL Fee Of $42.6 Million To Lawyers
SAN FRANCISCO - The judge supervising consolidated federal court litigation over Pfizer Inc.'s painkillers Bextra and Celebrex on June 15 approved his special master's recommendation of a $42.6 million common benefit fee to the Plaintiffs' Steering Committee (PSC) (In Re: Bextra and Celebrex Marketing Sales Practices and Product Liability Litigation, MDL Docket No. 1699, No. M:05-CV-1699, N.D. Calif.; See May 2009, Page 6).
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$26.1M Vioxx Death Verdict Again Vacated By Texas Appeals Court
HOUSTON - A Texas appeals court on June 4 reaffirmed its decision to overturn a $26.1 million Vioxx death verdict, saying opinions by plaintiff experts that Vioxx caused a blood clot that could not be found during an autopsy were "conjecture" not allowed by evidentiary standards (Merck & Co., Inc. v. Carol A. Ernst, et al., No. 14-06-00835-CV, Texas App., 14th Dist.; See June 2008, Page 4).
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Pro Se Objector To Vioxx Settlement Now Wants To Opt In
NEW ORLEANS - A pro se plaintiff who attempted unsuccessfully to challenge the legality of the Vioxx national settlement to the U.S. Supreme Court has obtained counsel and wishes to be admitted into the settlement program she once attacked as corrupt (In Re: VIOXX Products Liability Litigation, MDL 1657, E.D. La.; See November 2008, Page 5).
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Merck Argues Rules Governing Medicare Prohibit Louisiana Suit
NEW ORLEANS - The State of Louisiana had no discretion whether or not to pay for Vioxx for covered residents, Merck & Co. says in a motion to dismiss the state's qui tam purchase price lawsuit filed June 9 in U.S. District Court for the Eastern District of Louisiana (In Re: VIOXX Products Liability Litigation, MDL 1657, State of Louisiana, ex rel. James D. Caldwell Jr. v Merck & Co. Inc., No. 05-3700, E.D. La.; See Oct. 2005, Page 14).
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Merck Says Plaintiff Had Ample Notice Of Vioxx Settlement's Terms
ATLANTIC CITY, N.J. - Merck & Co. does not outright oppose a Vioxx plaintiff's motion to vacate her consent to participate in the Master Settlement Agreement in favor of trial, but in a June 2 response filed in coordinated Vioxx litigation in the Atlantic County, N.J., Superior Court, it points out the extensive notice the plaintiff should have had to the terms of the settlement before she opted in (Virginia Pickett v. Merck & Co. Inc., No. ATL-L-22-06-MT, N.J. Super., Atlantic Co.; See February 2009, Page 10).
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Man Says Enbrel Maker Altered, Withheld Records For Clinical Study
LOS ANGELES - A California man says the maker of Enbrel altered his medical records to get him into a clinical trial for a new use but failed to warn him that the drug can cause heart damage and whole-body hair loss, according to a complaint filed May 26 in state court (William Christopher Moke v. Amgen, Inc., et al., No. n/a, Calif. Super., Los Angeles Co., Central Dist.).
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Appeals Court Affirms Decision Creating Class Of Vioxx Purchasers
KANSAS CITY, Mo. - Plaintiffs have satisfied Missouri requirements for a purchase price class, the state's Court of Appeals ruled May 12 in affirming a lower court's certification of a Vioxx class under the Missouri Merchandising Practices Act (MMPA) (Mary Plubell, et al. v. Merck & Co., et al., No. WD69808, Mo. App., Western Dist.; 2009 Mo. App. LEXIS 597; See January 2006, Page 8).
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Shareholder Plaintiffs Seek To Unseal Celebrex Documents
NEWARK, N.J. - Labor union health benefit providers filed a motion in the U.S. District Court for the District of New Jersey on June 8 to unseal documents in a shareholder derivative suit over Pfizer Inc.'s painkiller Celebrex, saying that when the Third Circuit U.S. Court of Appeals reversed the trial judge's grant of summary judgment, it also said it was "unpersuaded by the Court's reliance on the so-called 'self-critical analysis privilege' as a basis for sealing" (Alaska Electrical Pension Fund, et al. v. Pharmacia Corporation, et al., No. 3:03-cv-1519, D. N.J.; See February 2009, Page 14).
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Pfizer Sales Manager Gets Probation, $75,000 Fine For Off-Label Promotion Of Bextra
BOSTON - A former Pfizer sales representative was sentenced June 18 to two years probation and fined $75,000 for off-label promotion of the Bextra COX-2 inhibitor drug (United States of America v. Mary Holloway, No. 09-10089, D. Mass.; See April 2009, Page 10).
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Obama Orders Halt, Review Of Regulatory Preemption Preambles
WASHINGTON, D.C. - President Obama on May 20 moved to undo Bush administration preemption regulations by ordering department and agency heads not to include preemption preambles and to review past preemption preambles.
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U.S. Supreme Court Grants Merck Certiorari In Vioxx Shareholder Case
WASHINGTON, D.C. - The U.S. Supreme Court on May 26 granted Merck & Co.'s petition for certiorari, which appeals the Third Circuit U.S. Court of Appeals' reversal of dismissal of a shareholder class action alleging that the company inflated the value of its stock by downplaying the risks of its former painkiller Vioxx (Merck & Co., et al. v. Richard Reynolds, et al., No. 08-905, U.S. Sup.; See April 2009, Page 4).
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California Judge Says Third-Party Claims Lack Sufficient Typicality
LOS ANGELES - The judge supervising coordinated Vioxx litigation in California has dismissed a putative purchase price class, saying reliance of plaintiffs, physicians and third-party health benefit providers are not subject to common proof (In re Vioxx Consolidated Class Action, JCCP 4247, Calif. Super., Los Angeles Co.).
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Prescription Manager Is Dismissed From Suit Asserting Derivative Claims
NEWARK, N.J. - Merck-Medco Managed Care LLC, the former health benefits provider owned by Merck & Co., on April 21 was dismissed without prejudice by agreement of the parties from a shareholders' derivative lawsuit (In Re: Merck & Co., Inc., Securities, Derivative & "Erisa" Litigation, MDL No. 1658, Nos. 05-1151 and 05-2369, D. N.J.; See June 2008, Page 11).
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Law Firm: Bextra-Celebrex Common Benefit Motion Is Excessive And Opaque
SAN FRANCISCO - A law firm active in pharmaceutical mass torts asked the judge supervising the Bextra and Celebrex multidistrict litigation on May 1 to reject a $42.6 million common benefit fee sought by the Plaintiffs' Steering Committee (PSC) on the ground that it is excessive and that the supporting motion is "overstated, inflated, and improperly boastful" and to unseal supporting documentation (In Re: Bextra and Celebrex Marketing Sales Practices and Product Liability Litigation, MDL Docket No. 1699, No. M:05-CV-1699, N.D. Calif.).
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Plaintiff Committee In Vioxx MDL Subpoenas Dissenting Attorney
NEW ORLEANS - A plaintiff attorney who has raised a variety of objections to the Vioxx Master Settlement Agreement and conduct of the federal multidistrict litigation was subpoenaed April 28 by the plaintiffs' liaison counsel in the litigation (In Re: VIOXX Products Liability Litigation, MDL 1657, E.D. La.).
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Merck Opposes Remand From Vioxx MDL For Disabled Metalworker
NEW ORLEANS - Merck & Co. on April 24 opposed remand for a severely injured former metalworker and Vioxx user who filed suit too late for consideration in the Merck Settlement Agreement, saying the MDL court's work in his case is not over (In Re: VIOXX Products Liability Litigation, MDL 1657, Robert C. Fosseen v. Merck & Co., Inc., No. 08-3863, E.D. La.; See February 2009, Page 8).
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Dismissal Is Reinstated, But 'Strike' Against Prisoner For Frivolity Is Removed
NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals withdrew an order denying a Colorado prisoner's pro se request to assert Vioxx personal injury claims against Merck & Co. Inc. in forma pauperis (IFP) on May 15, replacing it with a similar order that does not count as a "strike" of frivolous litigation under 28 U.S. Code Section 1915(g) (Lawrence W. Fitzgerald, Jr. v. Merck and Company Inc., No. 08-30421 Summary Calendar, 5th Cir.; See February 2009, Page 12).
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Vioxx Purchase Plaintiffs Say Causation Set Too High In Denying Consumer Class
ATLANTIC CITY, N.J. - Saying a New Jersey judge applied too strict a standard for causation in denying a Vioxx purchase-price class under the state's Consumer Fraud Act (CFA), the plaintiffs on May 1 moved for reconsideration in Superior Court (In re: Vioxx Litigation, Case Code No. 619; Elaine Kleinman v. Merck & Co. Inc., No. ATL-L-3954-04-MT; Ronald Martin v. Merck & Co. Inc., No. ATL-L-24-05-MT, N.J. Super., Atlantic Co.; See March 2009, Page 5).
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3rd Circuit Vacates Colacicco, McNellis Preemption Opinions, Remands To Trial Courts
PHILADELPHIA - The Third Circuit U.S. Court of Appeals on April 28 reversed its drug preemption rulings in Joseph C. Colacicco, et al. v. Apotex Inc., et al. and Beth Ann McNellis, et al. v. Pfizer Inc. and remanded them to two U.S. district courts for further proceedings consistent with the U.S. Supreme Court's drug preemption ruling in Wyeth v. Diana Levine (No. 06-1249, U.S. Sup.; 2009 U.S. LEXIS 1774; See March 2009, Page 11) (Joseph C. Colacicco, et al. v. Apotex Inc., No. 06-3107, and Beth Ann McNellis, et al. v. Pfizer Inc., No. 06-5148, 3rd Cir.; See April 2009, Page 11).
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Generic Drug Case Resolves After Preemption Denied In Wake Of Levine
CHICAGO - One of the first generic drug cases to which the U.S. Supreme Court's drug preemption ruling was applied has resolved, the parties told an Illinois federal court on April 28 (Melanie Stacel v. Teva Pharmaceuticals, USA, et al., No. 08-1143, N.D. Ill., Eastern Div.; See April 2009, Page 12).
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Hamburg Confirmed As New FDA Commissioner
WASHINGTON, D.C. - The U.S. Senate on May 18 unanimously confirmed Dr. Margaret Hamburg as commissioner of the Food and Drug Administration.
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Federal Judge Refuses To Dismiss Claims In Vioxx-Based ERISA Suit
NEWARK, N.J. - Participants in four Merck & Co. defined contribution employee pension plans may sue under the Employee Retirement Income Security Act (ERISA) for losses stemming from the company's marketing of Vioxx, a New Jersey federal judge ruled March 23 (In Re: Merck & Co., Inc., Securities, Derivative & "Erisa" Litigation, MDL No. 1658, Nos. 05-1151 and 05-2369, D. N.J.; 2009 U.S. Dist. LEXIS 22923).
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U.S. Judge Allows Suit Against Pfizer By ERISA Participants
NEW YORK - A federal judge in New York on March 20 left standing most of a lawsuit brought under the Employee Retirement Income Security Act (ERISA) by participants in retirement plans sponsored by Pfizer Inc. and subsidiaries (In re Pfizer Inc. ERISA Litigation, No. 04 Civ. 10071, S.D. N.Y.; 2009 U.S. Dist. LEXIS 22637).
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Bextra, Celebrex Plaintiffs File Motion For Notice To Settlement Class
SAN FRANCISCO - Plaintiffs filed an unopposed motion on April 7 in the U.S. District Court for the Northern District of California for approval of a plan for notice of a $89 million settlement to the class of potential purchase-price claimants in consolidated litigation over Pfizer's painkillers Bextra and Celebrex (In Re: Bextra and Celebrex Marketing Sales Practices and Product Liability Litigation, MDL Docket No. 1699, No. 05-1699, N.D. Calif.; See March 2009, Page 4).
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Vioxx Lawyer Argues Discovery Should Be Stayed Until Resolution Is Clearer
NEW ORLEANS - An attorney with Vioxx clients whose injuries are not compensable in the national Vioxx settlement and will not be investigated by common benefit attorneys in the multidistrict litigation (MDL) argues in a March 25 brief that the MDL judge should allow discovery requirements to remain stayed until he has decided what to do with the cases (In Re: VIOXX Products Liability Litigation, MDL 1657, E.D. La.).
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Experts Say Judge Should Not Have Cut Contingency Fees
NEW ORLEANS - A group of attorneys objecting to the 32 percent contingency fee cap imposed by the Vioxx multidistrict litigation judge in cases participating in the Vioxx Master Settlement Agreement filed supplemental affidavits and other evidence on March 20 to support their argument that such caps violate their contractual rights and will impede future litigation of mass tort claims (In Re: VIOXX Products Liability Litigation, MDL 1657, E.D. La.; See March 2009, Page 8).
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PSC Objects To Claim That Its Work Is Over In Vioxx MDL
NEW ORLEANS - The Plaintiffs' Steering Committee (PSC) in Vioxx multidistrict litigation (MDL) took no position on a motion to remand in a March 30 response brief but objected to the characterization by a group of plaintiffs who refused to opt in to the Merck Settlement Agreement (MSA) that the PSC is "not engaging in any additional common discovery" (In Re: VIOXX Products Liability Litigation, MDL 1657, E.D. La.; See January 2009, Page 5).
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Pro Se Plaintiff Says PSC Ignores Vioxx Bone Injury
NEW ORLEANS - A pro se Vioxx plaintiff alleging bone injury argues that he should not be subject to deadlines designed with heart attack and stroke claims in mind because the Plaintiffs' Steering Committee has admitted it is doing nothing to further claims like his (In Re: VIOXX Products Liability Litigation, MDL 1657, Dennis Harrison v. Merck & Co., No. 2:07-cv-905, E.D. La.; See July 2007, Page 7).
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Union Health Plan Says Merck Misstates The Law In Motion For Dismissal
ATLANTIC CITY, N.J. - The cases Merck & Co. cites in a motion to dismiss claims for reimbursement of money spent on its members' Vioxx prescriptions under New Jersey's Consumer Fraud Act (CFA) involved different legal and factual scenarios, a labor union's health benefits provider argues in a March 30 brief (International Union of Operating Engineers Local No. 825 Welfare Fund v. Merck & Co. Inc., No. ATL-L-2534-08, N.J. Super., Atlantic Co.).
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Pfizer Manager Pleads Guilty To Off-Label Marketing
BOSTON - A former Pfizer regional manager pleaded guilty March 29 to marketing the painkiller Bextra for uses and dosages not approved by the Food and Drug Administration (United States v. Mary Holloway, No. 1:09-cr-10089, D. Mass.).
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Canada Appeals Court Dismisses Vioxx Class, Citing Unwieldy Claims
REGINA, Saskatchewan - A class of Canadian Vioxx users was vacated by Saskatchewan's Court of Appeal on March 30, which said that the allegations are so varied as to make class handling not preferable (Between: Merck Frosst Canada Ltd., Merck & Co., Inc. Appellants [Defendants] and Gerald Wuttunee, et al., No. 1595, Sask. App.).
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3rd Circuit Seeks Briefs About Levine's Effect On 2 Drug Preemption Cases
PHILADELPHIA - The Third Circuit U.S. Court of Appeals on March 18 asked parties in two drug preemption cases to file briefs about the effects of the March 4 U.S. Supreme Court drug preemption decision in Wyeth v. Diana Levine (No. 06-1249, U.S. Sup.; 2009 U.S. LEXIS 1774; See March 2009, Page 4) (Joseph A. Colacicco, et al. v. Apotex Inc, No. 06-3107, Beth Ann McNellis v. Pfizer, No. 06-5148, 3rd Cir.).
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Judge Applies Levine In Generic Drug Case, Finds No Federal Preemption
CHICAGO - In what may be the first full opinion on generic drug preemption since the U.S. Supreme Court issued its brand-name preemption ruling on March 4, an Illinois federal court on March 16 ruled that fraud and state consumer fraud claims based on a generic drug are not preempted by federal law (Melanie Stacel v. Teva Pharmaceuticals, USA, et al., No. 08-1143, N.D. Ill., Eastern Div.; 2009 U.S. Dist. LEXIS 21079).
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Levine Preemption Ruling Prompts Bill To Reverse Riegel Device Preemption
WASHINGTON, D.C. - Prompted by the U.S. Supreme Court's March 4 drug preemption decision in Wyeth v. Diana Levine (No. 06-1249, U.S. Sup.; 2009 U.S. LEXIS 1774; See March 2009, Page 4), Democratic U.S. representatives and senators on March 5 reintroduced legislation to nullify last year's Supreme Court decision further restricting medical device litigation ("Medical Device Safety Act of 2009," H.R. 1346, U.S. House, S. 540).
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arthritis drugs - Google News
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